Katz Underwear Co. v. Burns
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Katz Underwear Company, from an order of the Supreme Court, made at the Ulster Special Term and entered in the office of the clerk of the county of Sullivan on the 29th day of May, 1916, denying a motion to strike out paragraph “ second " of the answer as frivolous and for judgment on the pleadings.
1Opinion of the Court
Sewell, J.:
The complaint in this action is for goods sold and delivered to the defendant. The answer starts out with an admission that the plaintiff is a corporation and the defendant a resident of Sullivan county, State of New York. Following this is a denial of “ each and every other allegation contained in said complaint, except as hereinafter admitted, qualified or explained.”
The defendant then alleges as follows: “ Further answering said complaint and as a defense thereto, the defendant alleges that prior to the 24th day of August, 1915, he ordered from the above-named plaintiff certain…
2Cases cited2 opinions
- Bates v. . RosekransNew York Court of Appeals · 1867
- Pratt & Whitney Co. v. American Pneumatic Tool Co.Appellate Division of the Supreme Court of the State of New York · 1900